What is the legal basis for a grand jury investigation into allegations that there is an outstanding indictment involving persons not being called as witnesses?

MultiRegion, United States of America

The following excerpt is from Grand Jury Proceedings, In re, 586 F.2d 724 (9th Cir. 1978):

There is no legal basis for barring a grand jury investigation simply because there is an outstanding indictment involving persons not being called as witnesses. In re Santiago, 533 F.2d 727 (1st Cir. 1976). There is also no bar to investigation of other areas of criminal liability for which the defendants or co-defendants may be accountable. In re July 1973 Grand Jury, 374 F.Supp. 1334 (N.D.Ill., 1973). Indeed, the duties of the grand jury are not performed until every clue and all witnesses are examined in order to charge the proper person with the appropriate crime. United States v. Collins, 272 F.2d 650 (2d Cir. 1959).

While it may be improper to call a grand jury witness Solely to prepare a previously-indicted case for trial, United States v. Woods, 544 F.2d 242, 250 (6th Cir. 1976), the government has every right to interrogate witnesses on subjects relevant to a pending indictment. United States v. Braasch, 505 F.2d 139, 147 (7th Cir. 1974); United States v. Zarattini, 552 F.2d 753, 757

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